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(영문) 수원지방법원 안산지원 2018.06.22 2018고단1024
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 10, 2018, the Defendant: (a) at the convenience store located in Ansan-si, a member of Ansan-si, Seoul-si (C) on the 23:30 on January 10, 2018, the Defendant: (b) thought that the victim D, an employee under the influence of alcohol, was faced with his/her car; (c) was unable to participate in the erobbbbbation; (d) was separated from the lines connected to the monitors in his/her hand while the victim was in sighted with the victim; and (d) was temporarily harming the effectiveness of the Pos (POS) mechanical monitors on the market.

2. On January 10, 2018, from around 22:00 to around 23:30, the Defendant obstructed the operation of convenience stores by exercising power over 30 minutes for the victim’s convenience stores, such as finding out the above convenience points three times in total, taking the victim’s bath for the same reasons as the statement in paragraph (1), smoking a cigarette within the convenience store, taking out the convenience store out of the convenience store, and taking out plastic chairs outside the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims of D;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment (including suspension of execution due to violence for the last five years, many people of the same kind of violence, the history of punishment including suspension of execution, and the circumstances that are not good after committing a crime or committing a crime, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the defendant admits the facts charged, the fact that the victim expresses his intention not to punish the defendant, and the fact that the damage is relatively insignificant);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning the observation of protection and order to attend lectures;

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